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NAVY | BCNR | CY2010 | 02535-10
Original file (02535-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

HD: hd
Docket No. 02535-10
24 September 2010

 

eee

This is in reference to your application for correction of your naval
record pursuant to the provisions of title 10 of the United States
Code, section 1552.

You requested that the Physical Readiness Information Management
System (PRIMS) data be corrected to show medical waiver, rather than
failure, for the body composition assessments (BCA’s) conducted on
19 March 2007, 28 August 2007 and 8 May 2009.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on

23 September 2010. Your allegations of error and injustice were
reviewed in accordance with administrative regulations and
procedures applicable to the proceedings of this Board. Documentary
material considered by the Board consisted of your application,
together with all material submitted in support thereof, your naval
record and applicable statutes, regulations and policies. In
addition, the Board considered the advisory opinion furnished by the
Office of the Chief of Naval Operations dated 21 April 2010, a copy
of which is attached.

After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice. In
this connection, the Board substantially concurred with the comments
contained in the advisory opinion, but noted PRIMS reflects no BCA
conducted on 8 May 2009 (it shows you were medically waived from the
BCA conducted on 15 October 2009). Accordingly, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the Board
reconsider its decision upon submission of new and material evidence
or other matter not previously considered by the Board. In this
regard, it is important to keep in mind that a presumption of
regularity attaches to all official records. Consequently, when
applying for a correction of an official naval record, the burden
is on the applicant to demonstrate the existence of probable material

error or injustice.
Sincerely,

\eSsont

W. DEAN P
Executive

 
  

 

Enclosure

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